Ram Surat Ram (Maurya), J. - (1.) Heard Sri R.C. Singh for the petitioners and Sri Rishikant Rai holding brief of Sri Hari Om Ojha for the caveator. The writ petition has been filed against the orders of Consolidation Officer dated 21.10.2008, Settlement Officer Consolidation dated 3.6.2011 and Deputy Director of Consolidation dated 10.9.2015 passed in the proceeding under Sec. 9 of UP C.H. Act, 1953.
(2.) At present the dispute between the parties is in respect of inheritance of share of Sukhdev. Sri Krishna, respondent -4 is claiming his right on the basis of registered Will dated 3.11.1976 executed by Sukhdev in his favour. On the other hand the petitioners are claiming that Sukhdev and his widow Smt. Muneshra died intestate and his share was inherited by Vishwanath after death of Muneshra. The consolidation authorities by the impugned orders have accepted the registered Will dated 3.11.1976 executed by Sukhdev in favour of Sri Krishna.
(3.) It may be mentioned that the petitioners have also filed a suit registered as O.S. No. 24/1980 for cancellation of the Will dated 3.11.1976. Initially the Trial Court by order dated 18.9.1981 held that the suit is cognizable by Civil Court and was not liable to be abated under Sec. 5(2) of U.P.C.H. Act. However order of Trial Court was reversed by the District Judge by order dated 18.1.1983. The order of District Judge was set aside by this Court in Writ Petition No. 3488 of 1983 by judgment dated 1.5.2006 and matter has been remanded to the Trial Court to decide the suit on merit after hearing the parties.;